Transfer of ownership of the goods to the buyer
The general procedure for the transfer of ownership is established by paragraph 1 of Article 223 of the Civil Code of the Russian Federation. According to this norm, the property right of the acquirer of the thing under the contract arises from the moment of its transfer, unless otherwise provided by law or by the contract.
The Civil Code of the Russian Federation defines the transfer as the delivery of the thing to the acquirer, as well as the delivery to the carrier for delivery to the acquirer or delivery to the communication organization for transfer to the acquirer of things alienated without the obligation of delivery.
Therefore, if the contract of supply of the moment of transfer of ownership of goods from the seller to the buyer is not determined, the goods are considered transferred to the buyer at the time of delivery:
the buyer (or the person indicated by him) at the location of the goods;
the buyer (or the person specified by him) at the buyer's location (if the seller is obliged to deliver the goods under the contract);
carrier or organization of communication for the delivery of the goods to the buyer (or the person indicated to him).
At the same time, in the contract, the parties can independently determine any time of transfer of ownership that is acceptable to them, different from the general one: after full payment, after partial payment, at the time of entering the buyer's warehouse, at the occurrence of a certain event, during a specific number of days after shipment, and .
As a rule, from the moment of the transfer of the ownership right to the goods or other thing, the risk of accidental loss or damage to property passes, as these risks are borne by its owner in accordance with Article 211 of the Civil Code of the Russian Federation, unless otherwise provided by law or contract.